RIGHT OF ENTRY – dispute over right of entry – ss.484, 505 Fair Work Act 2009 – application to deal with right of entry dispute – dispute re whether persons on tug boat Mallina were employees such that AIMPE permitted to utilise entry rights – Rivtow asserted no employees on boat – this decision specifically relates to production of documents sought by AIMPE – Order for Production of Documents granted 1 April 2016 – Rivtow objected and asserted ‘fishing expedition’ – AIMPE asserted documents necessary to determine whether employees – consideration of revocation of Order involves same approach as whether Order should be made in first place – not satisfied evidence provided as yet by AIMPE establishes prima facie case that persons are employees or that they wish to participate in discussions – link between documents sought and issue to be determined not established with sufficient particularity – on material at present time, not persuaded Order for Production of Documents should stand – Order revoked. Australian Institute of Marine and Power Engineers, The-West Australia Branch v Rivtow Marine P/L
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